| New Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 770 pages
...workmanship. The seventh and eighth mutual covenants are as follows: "Seventh. No certificate given or payment made under this contract, except the final...performance of this contract, either wholly or in part, and no payment shall be construed to be an acceptance of defective work or of improper materials. "Eighth.... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1917 - 722 pages
...hereto that no estimates given or payments made under this contract, except the final certificates or final payment, shall be conclusive evidence of...be construed to be an acceptance of defective work or improper materials. * * * In the foregoing specifications it is understood and agreed that the chief... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1908 - 708 pages
...conclusive evidence of performance. Under a building contract providing that no payment or certificate, "except the final certificate or final payment," shall be conclusive evidence of the performance of the contract, the final certificate is conclusive evidence of performance except for fraud or mistake... | |
| Law reports, digests, etc - 1904 - 1126 pages
...fulfilled. "Art. 11. It Is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final...performance of this contract, either wholly or in part, and tliat no payment shall be construed to be an acceptance of defective work or Improper materials." The... | |
| Law reports, digests, etc - 1906 - 1148 pages
...Parkinson, architect, to the effect that he considers the payment properly due; but no certificate given or payment made under this contract, except the final...be construed to be an acceptance of defective work or improper materials." 1. Appellant contends that the complaint contains no allégation that the work... | |
| Law reports, digests, etc - 1900 - 1164 pages
...contract." "(14) It Is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final...performance of this contract, either wholly or in part, against any claim of the owner, aud no payment shall be construed to be an acceptance of any defective... | |
| Law reports, digests, etc - 1913 - 1236 pages
...hereto ;lmt no certificate given or payment made ; under this contract, except the final certifi ' cate or final payment, shall be conclusive evidence of...performance of this contract, either wholly or in part against any claim of the owner, and no payment made (even the final payment) or the partial or complete... | |
| Law reports, digests, etc - 1922 - 1152 pages
...follows: "That no certificate given, or payments made under this contract, except the final certificate of final payment, shall be conclusive evidence of the...performance of this contract, either wholly or in part, against any claim of the first party, and that, not until the lapse of thirtyfive days after acceptance... | |
| Law reports, digests, etc - 1915 - 1230 pages
...certificates of the architects that they have become due. (10) No certificate given or payment made, except the final certificate or final payment, shall be conclusive evidence of performance either in whole or in part, and no payment shall be construed an acceptance of defective... | |
| Law reports, digests, etc - 1895 - 1148 pages
...following clause: "It is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final certificate or final payment shall be con: elusive evidence of the performance of this contract, either wholly or in part, against any claim... | |
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